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FOGARTY v. PIPER

Nos. 84-5110, 84-5111.

781 F.2d 662 (1986)

Kristie A. FOGARTY, Appellee, v. Richard D. PIPER and Merrill Lynch, Pierce, Fenner & Smith, Inc., Appellants. Judy Fogarty ARZT, Appellee, v. Richard D. PIPER and Merrill Lynch, Pierce, Fenner & Smith, Inc., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 15, 1986.

Attorney(s) appearing for the Case

James B. Vessey, Minneapolis, Minn., for appellant.

Robert J. Hennessey, Minneapolis, Minn., for appellee.

Before ROSS and BOWMAN, Circuit Judges, and OLIVER, District Judge.

PER CURIAM.

Appellants, Richard Piper and Merrill Lynch, Pierce, Fenner & Smith, Inc. appeal from the May 17, 1984 order of the district court denying their motions to compel arbitration of appellees', Kristie Fogarty and Judy Fogarty Arzt, state securities law claims and to stay judicial proceedings pending arbitration. Following oral argument this court remanded the case to the district court to make findings of fact and

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